Please help!!!

[patentconfusion]

What is the name of your state? International

Hello All

My question is for professional attorneys who deal with patent issues in the US/UK.

I have been trying to understand the legal requirements/required critieria for filing patents but somehow cannot get clarity on my specific case.

I would like to find out if it is possible to apply for any sort of protection to stop others from copying your business idea/model/process IF that idea/model/process utilises commonly available software/hardware/distribution channels BUT leads to the creation of an entirely new online service not available anywhere in the world.

This is because the idea/model/process is unique.

I do think that I have come up with such a solution to solve one of the biggest problems people have with online business and am thinking of starting a company to take it forward but would like to get some sort of protection for a few years first.

Probably this is not the best place to state this but I am concerned that if i take this for discussion to a lawyer he might give me wrong advice and file the patent himself. Would appreciate if you could also let me know what steps I should take before I go see a lawyer to discuss specifics?

Thank you in advance for your time and feedback.

Kind regards,
Patent ConfusionWhat is the name of your state?

 

[quincy]

Personally, I think going to a Patent attorney is probably wiser than posting any great idea you have on an open forum, but that is, perhaps, just me. I suggest that if you want the ins and outs of Patent law and the detailed information you are asking about, you should go to the U.S. Patent and Trademark Office official website - www.uspto.gov

 

[divgradcurl]

"Business method" patents are generall obtainable in the U.S., so long as they meet the usual tests for patentability -- usefulness, novelty, and non-obvousness. Note that with the recent Supreme Court ruling in KSR v. Teleflex, patents which are simply combinations of existing "things" face a much higher hurdle to prove non-obviousness.

Business method patents are not generally obtainable in other countries.

If you are interested in obtainng patent protection for your idea, your best bet is to contact a patent agent or attorney. You can go to www.uspto.gov, click on "patents," then click on "find a patent agent or attorney" and go from there.

 

[patentconfusion]

Confidentiality assurance when speaking with a patent attorney

Hi Divgradcurl/Quincy

Thank you for your posts.

Is it possible that I could ask for some sort of confidentiality agreement to be signed by the patent attorney that I speak with before I discuss the specifics with him or would normal attorney-client privilege already take care of this.

Once again, thank you for your time.

Kind regards,

 

[divgradcurl]

Attorneys and patent agents are bound to keep their client's confidences, so there is no reason for a separate confidentiality agreement.